Parliament consciously had not chosen to confer any power on the Election Commission
https://indiankanoon.org/doc/1158072/
https://www.ndtv.com/india-news/supreme-court-notice-to-centre-on-plea-to-ban-convicts-from-running-parties-1782545
NEW DELHI:  The Supreme Court today sought the responses from the Centre and the Election Commission on a plea seeking to restrain convicted persons from forming political parties and becoming their office-bearers for the period they are disqualified under the election law. https://www.ndtv.com/india-news/supreme-court-notice-to-centre-on-plea-to-ban-convicts-from-running-parties-1782545
The Election Commission while exercising its power to register a political party under Section 29A of the Act, acts quasi-judicially and decision rendered by it is a quasi-judicial order and once a political party is registered, no power of review having conferred on the Election Commission, it has no power to review the order registering a political party for having violated the provisions of the Constitution or for having committed breach of undertaking given to the Election Commission at the time of registration.
However, there are exceptions to the principle stated in paragraph 2 above where the Election Commission is not deprived of its power to cancel the registration.
The exceptions are these -
(a) where a political party has obtained registration by practising fraud or forgery;
(b)  where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of Section 29A(5) of the Act or intimating the Election Commission that it has ceased to have faith and allegiance to the Constitution of India or to the principles of socialism, secularism and democracy or it would not uphold the sovereignty, unity and integrity of India so as to comply the provisions of Section 29A(5) of the Act; and
(c) any like ground where no enquiry is called for on the part of the Commission.
We have already extensively examined the matter and found that Parliament consciously had not chosen to confer any power on the Election Commission to de-register a political party on the premise it has contravened the provisions of sub-section (5) of Section 29A.
The question which arises for our consideration is whether in the absence of any express or implied power, the Election Commission is empowered to cancel the registration of a political party on the strength of the provisions of Section 21 of the General Clauses Act. Section 21 of the General Clauses Act runs as under:
"21. Power to issue, to include power to add to amend, vary or rescind, notification, orders, rules or bye-laws. Where by any central Act or regulation, a power to issue notifications, orders, rules or bye-laws is conferred then that power includes a power exercisable in the like manner and subject to the like sanction, and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued."
On perusal of Section 21 of the General Clauses Act, we find that the expression 'order' employed in Section 21 shows that such an order must be in the nature of notification, rules and bye-laws etc. 
The order which can be modified or rescinded on the application of Section 21 has to be either executive or legislative in nature.
But the order which the Commission is required to pass under Section 29A is neither a legislative nor an executive order but is a quasi-judicial order. We have already examined this aspect of the matter in the foregoing paragraph and held that the functions exercisable by the Commission under Section 29A is essentially a quasi-judicial in nature and order passed thereunder is a quasi-judicial order.
In that view of the matter, the provisions of Section 21 of the General Clauses Act cannot be invoked to confer powers of de-registration/cancellation of registration after enquiry by the Election Commission. We, therefore, hold that Section 21 of the General Clauses Act has no application where a statutory authority is required to act quasi-judicially.
It may be noted that the Parliament deliberately omitted to vest the Election Commission of India with the power to de-register a political party for non-compliance with the conditions for the grant of such registration. This may be for the reason that under the Constitution the Election Commission of India is required to function independently and ensure free and fair elections. An enquiry into non-compliance with the conditions for the grant of registration might involve the Commission in matters of a political nature and could mean monitoring by the Commission of the political activities, programmes and ideologies of political parties. This position gets strengthened by the fact that on 30th June, 1994 the Representation of the People (Second Amendment)
Bill, 1994 was introduced in the Lok Sabha proposing to introduce Section 29-B whereunder a complaint to be made to the High Court within whose jurisdiction the main office of a political party is situated for cancelling the registration of the party on the ground that it bears a religious name or that its memorandum or rules and regulations no longer conforming the provisions of Section 29-A (5) or that the activities are not in accordance with the said memorandum or rules and regulations. However, this bill lapsed on the dissolution of the Lok Sabha in 1996, (See p. 507 of "How India Votes : Election Laws, Practice and Procedure" by V.S. Rama Devi and S.K. Mendiratta).
To sum up, what we have held in the foregoing paragraph are as under:
1.  That there being no express provision in the Act or in the Symbol Order to cancel the registration of a political party, and as such no proceeding for de-registration can be taken by the Election Commission against a political party for having violated the terms of Section 29A(5) of the Act on the complaint of the respondent.
2.  The Election Commission while exercising its power to register a political party under Section 29A of the Act, acts quasi-judicially and decision rendered by it is a quasi-judicial order and once a political party is registered, no power of review having conferred on the Election Commission, it has no power to review the order registering a political party for having violated the provisions of the Constitution or for having committed breach of undertaking given to the Election Commission at the time of registration.
3.   However, there are exceptions to the principle stated in paragraph 2 above where the Election Commission is not deprived of its power to cancel the registration.
The exceptions are these -
(a) where a political party has obtained registration by practising fraud or forgery;
(b)   where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of Section 29A(5) of the Act or intimating the Election Commission that it has ceased to have faith and allegiance to the Constitution of India or to the principles of socialism, secularism and democracy or it would not uphold the sovereignty, unity and integrity of India so as to comply the provisions of Section 29A(5) of the Act; and
(c)   any like ground where no enquiry is called for on the part of the Commission.
4.   The provisions of Section 21 of the General Clauses Act cannot be extended to the quasi-judicial authority. Since the Election Commission while exercising its power under Section 29A of the Act acts quasi-judicially, the provisions of Section 21 of the General Clauses Act has no application.
For the aforesaid reasons, the appeals deserve to be allowed in part. Consequently, direction Nos. (iii) and (iv) of the impugned judgment are set aside. The appeals are allowed in part. The contempt petitions are rejected. There shall be no order as to costs.
.J.
(V. N. KHARE) .J.
(ASHOK BHAN) 10th May, 2002
https://indiankanoon.org/doc/1158072/
https://www.ndtv.com/india-news/supreme-court-notice-to-centre-on-plea-to-ban-convicts-from-running-parties-1782545
Balbir Singh Sooch   
5:42 PM (14 hours ago)   
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Parliament Consciously Had Not Chosen to Confer Any Power on the Election Commission: Supreme Court of India

WHO WILL LISTEN?
A. Discard "Rigged" EVMs, Use Ballot Papers: Opposition Slams BJP's UP Win:NDTV
https://www.scoopnest.com/user/ndtv/936897028575002624
1.  The Election Commission of India Is Powerless: Parliament consciously had not chosen to confer any power on the Election Commission: Supreme Court of India
2.  The Traditional Political Parties Know Very Well: They Are Crying Falsely and Misleadingly to the  General Public.
3.  Which Party Can Deny the Truth?
 https://www.ndtv.com/india-news/supreme-court-notice-to-centre-on-plea-to-ban-convicts-from-running-parties-1782545
Parliament consciously had not chosen to confer any power on the Election Commission: Supreme Court of India
https://indiankanoon.org/doc/1158072/
NEW DELHI:  The Supreme Court today sought the responses from the Centre and the Election Commission on a plea seeking to restrain convicted persons from forming political parties and becoming their office-bearers for the period they are disqualified under the election law. https://www.ndtv.com/india-news/supreme-court-notice-to-centre-on-plea-to-ban-convicts-from-running-parties-1782545
The Election Commission while exercising its power to register a political party under Section 29A of the Act, acts quasi-judicially and decision rendered by it is a quasi-judicial order and once a political party is registered, no power of review having conferred on the Election Commission, it has no power to review the order registering a political party for having violated the provisions of the Constitution or for having committed breach of undertaking given to the Election Commission at the time of registration.
However, there are exceptions to the principle stated in paragraph 2 above where the Election Commission is not deprived of its power to cancel the registration. The exceptions are these -
(a) where a political party has obtained registration by practising fraud or forgery;
(b)  where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of Section 29A(5) of the Act or intimating the Election Commission that it has ceased to have faith and allegiance to the Constitution of India or to the principles of socialism, secularism and democracy or it would not uphold the sovereignty, unity and integrity of India so as to comply the provisions of Section 29A(5) of the Act; and
(c)   any like ground where no enquiry is called for on the part of the Commission.

Forwarded By: Balbir Singh Sooch-Sikh Vichar Manch